Monday, May 23, 2011

Cert Grant: Is Filing a False Statement on a Corporate Tax Return an Aggravated Felony?

Today the Supreme Court granted certiorari in Kawashima v. Holder, No. 10-577, which presents this question:

Whether, in direct conflict with the Third Circuit, the Ninth Circuit erred in holding that Petitioners’ convictions of filing, and aiding and abetting in filing, a false statement on a corporate tax return in violation of 26 U.S.C. §§ 7206(1) and (2) were aggravated felonies involving fraud and deceit under 8 U.S.C. § 1101(a)(43)(M)(i), and Petitioners were therefore removable.

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